Credit card fraud is a serious crime in Texas, carrying harsh penalties upon conviction. If you have been accused of credit card fraud, please don’t hesitate to contact an experienced Dallas County Criminal Lawyer who can help you fight for the best possible outcome given the unique circumstances of your case. Please continue reading as we explore the penalties you can face for this offense.
What Constitutes Credit Card Fraud in the Lone Star State?
According to Texas Penal Code Section 32.31, credit card fraud occurs when an individual uses or possesses a credit or debit card with the intent to defraud, knowing it’s not theirs, or has been revoked, or is expired. In addition to using or possessing a card without authorization, the following actions constitute credit card fraud:
- Using a fictitious card
- Receiving a fraudulent benefit
- Stealing or possessing a stolen card with intent to use, sell, or transfer
- Buying or selling cards from unauthorized individuals
- Inducing someone to use their card for the perpetrator’s benefit when they cannot afford it
The key elements of the offense are:
- Intent to Defraud: The individual must intend to deceive another party to gain an advantage through fraudulent actions.
- Knowledge of Fraudulent Nature: The individual must be aware that the card is invalid or that the transaction itself is fraudulent.
- Benefit Obtained: The individual must have successfully acquired a benefit as a result of the fraudulent activity.
What Penalties Can I Face if Convicted?
Credit card fraud is classified as a state jail felony in Texas, which can result in a sentence of up to two years in a state jail facility and a monetary fine of up to $10,000. This is usually charged for fraudulent activity involving transactions between $2,5000 and $30,000.
It’s important to note that the severity of the penalties can be enhanced if the fraud is committed against a vulnerable individual such as an elderly person. For fraud involving more than $30,000 but less than $150,000, it could be charged as a third-degree felony, which is punishable by a fine of up to $10,000 and a prison sentence of up to 10 years.
Fraud of goods or services between $150,000 and $300,000 is considered a second-degree felony, which is punishable by up to twenty years behind bars. A first-degree felony is charged any time the amount is over $300,000. This offense can result in a prison sentence of 5 to 99 years of life, along with a fine of up to $10,000. You may also be ordered to pay restitution to the victim to cover their financial losses.
A conviction for this offense will result in a criminal record, which can impact various aspects of your life, including future employment opportunities. Additionally, there are increased penalties for larger schemes.
If you are facing criminal charges for credit card fraud, it’s in your best interest to consult with an experienced attorney from Spangler Law for legal advice. Connect with our firm today to learn how we can fight for you.
